Terms and Conditions

  1. Access to and use of the eAccess website (hereinafter "Services") provided for the Smith Supreme Court by Granicus, Inc, dba GRANICUS, is subject to the terms and conditions of this User Agreement and all applicable laws and regulations. This includes the laws and regulations governing copyright, trademark and other intellectual property as it may pertain to the property licensed to the Court by GRANICUS. For the purposes of this User Agreement, the Smith Supreme Court shall be referred to as the "Court," and you, the User, will be referred to as "You" (including the possessive "Your"), and the "User."

  2. By reading this document and accessing the services, you accept without limitation or qualification, all the terms and conditions in this user agreement. You agree that your acceptance obligates you to pay for access to these Services where applicable. This includes an obligation to pay the charges incurred by third parties, whether they are your agents or otherwise, who access this Service through your account. The Court reserves the right to change these terms and conditions and the prices charged for Services at any time. Changes to the terms of this Agreement and charges for Services will only apply to future use of the Services (i.e. a change to the charge for an individual image will apply to charges occurring after the change, while a change to the charge for subscription access will apply to the next billing cycle following the change). You may be required to affirmatively accept the revised Terms of Use in order to continue using the Services OR your continued use of this Site and these Services after the posting of updates to the Terms of Use or updates to the charges for Services will constitute your agreement to those terms or charges, as modified. The Court additionally reserves the right to modify or discontinue, at any time, any Services, without notice or liability. You agree that GRANICUS or the Court may provide notice of changes to Terms or charges to you by posting it on the Site or by emailing it to the email address provided in the user profile.

  3. LIABILITY FOR CHARGES INCURRED FOR ACCESS TO SERVICES: By checking the "I agree to the Terms of Use" box and accessing the Services, you agree to pay the charges established for these Services. The current charges applicable to the use of these Services can be seen by clicking on the Subscription menu. Payment for charges incurred for accessing Products and Services must be paid with a valid credit card. Acceptable types of credit card payment are Visa®, MasterCard®, American Express® and Discover®. All payments are due at time of purchase. Time of purchase is deemed as "at checkout" for a Pay As You Go subscription. For recurring subscriptions, payment is due at time of subscription purchase and on each subsequent monthly anniversary date.

    FIRM PAYMENT: Firm member users WILL have the ability to pay for Products and Services by utilizing the credit card of record for the firm subscription. However, firm member users WILL NOT have the ability to inquire or gain information (for example, the account number) about a firm credit card, unless that firm member is the firm administrator.

    SUBSCRIPTION ALLOTMENT: The user accepts that recurring subscription limits can be reached at any time during a subscription month. After the allotment has been reached, any additional purchases will be based on the Pay As You Go subscription rate for the remainder of the subscription month period unless the user upgrades to a different recurring subscription level. Upon the start of the new month, the recurring subscription allotment will be replenished.

    SUBSCRIPTION CANCELLATION: Recurring subscriptions auto renew on the monthly anniversary date. The user can cancel the subscription at any point. The cancellation will take effect at the close of the current subscription month. Cancellation will not prorate account payment or lead to payment refund.

  4. PRIVACY: By checking the "I agree to Terms of Use" box, the user agrees to provide personal information at account registration. The Court confirms that the sole purpose for collecting personal information is for user verification. Personal Information will not be disseminated to third parties. Personal information includes:
    • User First Name
    • User Last Name
    • Email Address
    • Bar Number (where applicable)
    • Firm Name (where applicable)
    • User Phone Number
    • Credit Card Information

  5. OWNERSHIP AND PROPRIETARY RIGHTS: All the Products and Services, including but not limited to text, data, maps, images, graphics, trademarks, logos and service marks (collectively, the "Content"), are owned by the Court or licensed to the Court by GRANICUS, the owners of the Content. The Court and GRANICUS reserve their copyright, trademark or other intellectual property interests in their property that is part of the Content. In connection with those products and Services, you agree to the following: text, data, maps, images, graphics, trademarks, logos and service marks (collectively, the "Content"), are owned by the Court or licensed to the Court by third-parties who own the Content and the third party licensors' property interests are protected by copyright, trademark and other intellectual property laws. In connection WITH those products and Services, you agree to the following:
    • When accessing the Content, you may PRINT a copy. If a printout and/or download is made, applicable third parties shall retain all rights in this material, and such a printout and/or download shall retain any copyright or other notices contained in that Content.
    • You will abide by restrictions SET forth on the Site with respect to any of the Content.
    • You will not in any way violate the intellectual property laws protecting the third party licensors' property interests in the Content.
    • You agree that the material you are accessing contains the trade secrets and intellectual property of GRANICUS and you will cause irreparable harm to GRANICUS if this material is used in violation of this agreement.
    • You will not reuse, republish or otherwise distribute the trade secrets and intellectual property of GRANICUS or any modified or altered versions of it, whether over the Internet or otherwise, and whether or not for payment in competition to the Services provided by GRANICUS or the Court without the express written permission of the copyright holder.
    • You will cooperate promptly and completely with any reasonable request by the Court related to an investigation of infringement of copyright or other proprietary right of the third party licensor.

  6. INDEMNIFICATION: You hereby agree to indemnify and hold harmless the Court, and its respective officials, agencies, officers, subsidiaries, employees, licensors and agents, from and against any and all liability, loss, claims, damages, costs and/or actions (including attorneys' fees) based upon or arising out of any breach by you or any third party of the obligations under this Agreement. Notwithstanding your indemnification obligation, the Court reserves the right to defend any such claim and you agree to provide the Court with such reasonable cooperation and information as the Court may request.

  7. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: The Court makes every effort to UPDATE this information on a daily basis. Because case information is continually changing, the Court makes no expressed or implied warranty concerning the accuracy of this information. The information and services and products available to you may contain errors and are subject to periods of interruption. The Court will do its best to maintain the information and services it offers. You agree that all USE of these services is at your own risk, and that the Court will not be held liable for any errors or omissions contained in the content of its services.

    The services are provided as is and the Court expressly disclaims any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the services. The Court does not represent or warrant that access to the service will be interrupted or that there will be no failures, errors or omissions or loss of transmitted information. The information, documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. The Court may make improvements and/or changes in the services provided and/or the content described herein at any time.

    This disclaimer of liability applies to any damages or injury caused by any failure of performance error, omission, interruption, deletion, defect, delay in operation or transmission, computer viruses, communication line failure, theft or destruction or unauthorized access to alteration of or USE of record, whether for breach of contract, tortious behavior, negligence or any other cause of action. No advice or information, whether oral or written, obtained by you from the Court or through or from the service shall create any warranty not expressly stated in this agreement. If you are dissatisfied with the service, or any portion thereof, your exclusive remedy shall be to stop using the service.

  8. MISCELLANEOUS:

    Continuity of Service
    The Court has the right at any time to change or discontinue any aspect or feature of the services, including, but not limited to, content, hours of availability, and equipment needed for access or USE.

    Obligation to USE Services Within 30 Days
    User accounts that are "inactive", meaning an account that has been OPEN more than 30 days AND that has never had any account transactions, will be placed in "archived" status. Archived accounts cannot be removed from archived status and will require the user to create a new user account.

    Unlawful USE
    You must USE the services for lawful purposes only. Any user conduct that restricts or inhibits any other person from using or enjoying the services will not be permitted. Uses such as data mining, screen scraping and the USE of electronic BOTS for image download are prohibited. Users that are found to be employing the previously mentioned electronic methods may be restricted on this website.

    The USE of deception to access Products or Services could result in legal action by the Court and/or the immediate cancellation of the account without refund.

    Resale of Data
    The resale of the Court's BULK data is prohibited unless made in compliance with the Smith Code of Judicial Administration section 1-605. Any unauthorized reselling of information may result in legal action by the Court and/or immediate cancellation of your account without refund.

    Applicable Law
    These terms and conditions shall be governed by and construed according to the laws of the State of Smith, USA, and you agree to submit to the personal jurisdiction of the courts of the State of Smith. If any portion of these terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that any claim or cause of action arising out of or related to the USE of these Services must be presented to the Administrative Director of the Administrative Office of the Courts as a Notice of Claim with in accordance with A.R.S. §12-821.01. within one hundred and eighty days after such claim or cause of action arose.

    Entire Agreement
    This is an offer to provide Services, and acceptance is expressly conditioned upon your acceptance of these terms and only these terms. Your acceptance of this Agreement is demonstrated by checking the box of "I agree to the Terms of Use" in the Registration form. This Agreement represents the entire agreement between you (the user) and the Court.